In Nevada, there are times when the Court may Order a first right of refusal. Typically, in our experience, the first right of refusal is not included in the vast majority of Parenting Plans. First right of refusal is not mandatory, it has to be required, and often not adopted because of the level of cooperation required to exercise a first right of refusal.
The right of first refusal in custody cases means that if one parent is unable to watch the child during their scheduled time, the parent has to offer the other parent the first chance to take care of the child before having a third Party caregiver provide care for the child.
Generally speaking, the Court will set a specific time period for the first right of refusal. The period is usually very specific to the facts of the case. In our experience, when Ordered, it ranges from four (4) hours to twenty-four (24) hours. It does not matter during that period what is being done- work, a concert, business trip, girls night, etc. Instead, it just means that a parent is not available for whatever reason for the prescribed period of time.
Here is an example- Mom has to travel from Las Vegas to Pahrump for work. Mom is going to be gone six (6) hours for the travel time and business meeting.
When she learns she has to be gone six (6) hours and there is a first right of refusal which is four (4) hours in length, Mom would communicate with the co-parent about the inability to provide care.
The co-parent would then say yes or no to caring for the child. If the co-parent says yes, arrangements from drop off and pick up are arranged. If the co-parent says no, Mom then arranges for the third Party caregiver and shares the information with their co-parent.
An example of the communication might be something similar to the following:
Example One-
Mom- On 3/31/26, I am not available from 8:00 a.m. to 1:00 p.m. to care for our child. Are you available to exercise the first right of refusal?
Co-Parent- Yes.
This yes would then lead to dialog about the logistics.
Example Two-
Mom- On 3/31/26, I am not available from 8:00 a.m. to 1:00 p.m. to care for our child. Are you available to exercise the first right of refusal?
Co-Parent- No.
Mom- No problem. I am going to leave our child with my parents during that period.
The “no” should not create conflict or lead to a back and forth about why the co-parent is not available or how it lets down Mom or the child. The “no” is simply that and not an open invitation for dialog about the reason(s).
When parents are in high conflict, first right of refusal often does not work. First right of refusal requires a high level of cooperation and when parents are not cooperating, it just leads to more conflict and possible litigation.
If the first right of refusal works, depends on the parents, and how well they want to co-parent with each other. If both parents live close to each other and can communicate respectfully, it can be a great experience for the children. The first right of refusal maximizes parent-child time and priorities parents over third Party caregivers.